Rajasthan High Court - Jodhpur
Bhavesh Kumar vs State Of Rajasthan (2025:Rj-Jd:24299) on 20 May, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:24299]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4025/2025
Bhavesh Kumar S/o Shri Rajendra Prasad, Aged About 25 Years,
R/o 127-A, Badam Gali, Subhash Chowk, Ratanada, Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Smt Priyanka Kalawat W/o Bhavesh Kumar, R/o 4-P-3,
Kuri Bhagtasni Housing Board, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Firoz Khan
For Respondent(s) : Mr. Narendra Singh Chandawat, PP
Mr. V.P.S. Raghav for complainant
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 20/05/2025 The instant criminal misc. petition under Section 528 BNSS has been filed by the petitioner seeking quashing of criminal proceedings in Criminal Case No.10/2024 (NCV No.880/2024) pending before the Court of learned Special Additional Chief Metropolitan Magistrate (PCPNDT Act Cases), Jodhpur for the offences under Sections 498A, 406 and 323 of IPC.
Learned counsel for the parties submitted that the parties have settled their disputes and have arrived at a compromise.
Learned counsel for the petitioner has placed reliance on a decision of Hon'ble the Supreme Court in the cases of Gian Singh Vs. State of Punjab & Anr. reported in (2012)10 SCC 303] and B.S. Joshi Vs. State of Haryana, reported in (2003)4 (Downloaded on 21/05/2025 at 09:42:39 PM) [2025:RJ-JD:24299] (2 of 2) [CRLMP-4025/2025] SCC 675. He therefore prayed that the impugned criminal proceedings may kindly be quashed.
Learned counsel for the complainant concurs the factum of compromise and submits that in view of the compromise, the complainant is not inclined to proceed further in the matter.
In view of compromise arrived at between the parties and applying the ratio in decision of Gian Singh (Supra) and B.S. Joshi (supra), this Court deems it just and proper to invoke inherent powers under Section 528 BNSS.
Accordingly, the present misc. petition is allowed. The criminal proceedings in Criminal Case No.10/2024 (NCV No.880/2024) pending before the Court of learned Special Additional Chief Metropolitan Magistrate (PCPNDT Act Cases), Jodhpur for the offences under Sections 498A, 406 and 323 of IPC, are quashed.
(KULDEEP MATHUR),J 20-divya/-
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